Claxton Bay man awarded $270,000 for malicious prosecution

A Claxton Bay man who has complained of being consistently targeted by police has received a little over $.2 million in compensation for malicious prosecution and false imprisonment.

Mark Hagley, who in 2017, received an award of more than $425,000 in compensation, received a second award from the High Court on Thursday.

Justice Eleanor Donaldson-Honeywell ordered the State to compensate Hagley for malicious and false imprisonment and assault and battery.

In total, Hagley will receive $270,000 as well as interests and costs.

Donaldson-Honeywell found the police tried to fabricate documents to justify arresting and prosecuting Hagley.

The self-employed Hagley, who was represented by attorneys Abdel and Shabana Mohammed, was arrested on March 30, 2013, at a friend’s home in Cedar Hill Road.

He was charged for possession of marijuana by a police officer who is currently before the courts for the murder of a San Fernando man in 2016.

Hagley contended the policeman repeatedly kicked and cuffed him and maintained he was only visiting his friend’s house and at no time was in possession of any drugs. He also maintained he never saw police find any drugs when he was arrested.

His case for marijuana possession was eventually dismissed at the magistrates’ court because none of the witnesses appeared and no file or exhibit was presented to the court.

In her ruling, the judge said the police’s version of the events, as advanced in the State’s defence, was implausible.

She also found it incredible that the police could not provide documents to support their allegations and the documents they did provide appeared contradictory to their case. She said station diary extracts provided appeared suspicious as they were unsigned and were not certified by a senior officer, as required under police regulations.

She also found there was nothing showing what happened to the drugs after Hagley’s arrest, nor evidence to show he was an occupier of the house, adding that mere presence at a location was insufficient to charge someone for possession of drugs found on the premises.

In his lawsuit, Hagley said he spent 113 days in prison under appalling conditions. He also said he suffered distress, humiliation and embarrassment and fears being held by police for offences he never committed.

In 2017, another judge awarded Hagley compensation after he was charged with rape, kidnapping, larceny of a car, cellphones, jewelry and serious indecency in 2005. Six years later, the charges were dismissed when the police officer who charged him failed to show up in court.